Putt Legal work tirelessly to help people who have had an unfavourable decision made by delegates of the Department of Home Affairs.

One such decision was that of Vaishali, who had her student visa application refused and her appeal dismissed. Vaishali sought Putt Legal’s assistance to take this decision to the Minister to have it overturned. After speaking with Vaishali in-depth and reviewing her evidence, Putt Legal believed that Vaishali met compassionate, compelling and public interest grounds that would satisfy the Minister to intervene and grant a visa to Vaishali after all. 

Background

Vaishali Kame is an Indian citizen who always wanted to complete a Masters in Social Work overseas. She was a single mother living in Mumbai with her parents. Vaishali suffered on a daily basis in India from the social stigma of being a single mother. Vaishali believed if she studied and worked hard, she could create a better life for her and her daughter. 

After researching many overseas universities, Vaishali settled on RMIT Unversity in Melbourne. She selected Australia because of its global education ranking, lifestyle and climate. Vaishali applied successfully to study in Australia and arrived in February 2008. It was a difficult move as her daughter remained in India with Vaishali’s parents, but Vaishali knew she was making the right decision for her family. 

Upon completing her Masters of Social Work, she was granted a temporary graduate visa. This visa would allow Vaishali to stay in Australia until December 2012. During this time Vaishali undertook both paid and voluntary work. She was employed by numerous humanitarian organisations across Melbourne, that included Oxfam, Salvation Army, Adult Multicultural Education Services, Windana Drug and Alcohol Recovery and many more. 

In October 2012 the Red Cross approached Vaishali about the possibility of the Red Cross sponsoring Vaishali on a Subclass 457 temporary work visa. The Red Cross branch in Sydney advised Vaishali that their national office would have to make the final approval on submitting a sponsorship application for her. On 21st December the Red Cross in Sydney sent a sponsorship nomination for Vaishali to their national office. However, due to the holiday season and office closures, the decision confirmation did not come through until January 2013. In the meantime, Vaishali’s visa expired on 29th December, and she did not realise until 2nd January 2013. 

Visa Refusal

Vaishali contacted the Department of Home Affairs as soon as she realised her visa had expired. She explained her situation and that she would be applying for a substantive visa shortly. The Department granted Vaishali a Bridging Visa E. But then, Vaishali’s worst fears were realised – the Red Cross informed this Vaishali that they would not be sponsoring her after all. 

In desperation, Vaishali lodges a further student visa application so that she could extend her stay in Australia. It was refused. Ironically, the following month, the Red Cross offered Vaishali full-time ongoing employment. By then, it was too late – she was prohibited by law to apply for another visa.  

Exceptional Benefit To Australia

 Vaishali came to Putt Legal to seek advice about whether she had any “last resort” pathway for staying in Australia. It was evident to us that Vaishali had an overwhelming case for asking the Minister to intervene on the grounds that she was an exceptional benefit to Australia. The Minister’s published guidelines specifically say that if you can demonstrate that “exceptional economic, scientific, cultural or another benefit would result from you being permitted to remain in Australia” then the Minister can exercise his power to grant you a visa. 

Vaishali had spent 18 years engaged as a Development Worker, working on numerous projects aimed at challenging gender issues and alleviating poverty in rural parts of India. 

As from her arrival in Australia in 2008, she devoted her time to community engagement and enhancing the welfare of those in need, such as the homeless, the drug & alcohol afflicted, refugees and other migrants. She is a passionate advocate for human rights and has a specific interest in the plight of female migrants. 

Jessica from Putt Legal detailed Vaishali’s compassionate case for the Minister to review.  

Decision

Almost three years on from Vaishali’s student visa refusal decision, she received the following notification from the Minister for Immigration’s office: 

As you may be aware, section 351 of the Act provides the Minister with the power to substitute a decision of the Tribunal with a decision more favourable to the applicant if the Minister thinks it is in the public interest to do so.  

I am pleased to advise you that the Assistant Minister for Immigration and Border Protection has decided to exercise her public interest power in your case and substitute the decision of the Tribunal with a more favourable decision by granting you a Skilled Independent (Subclass 189) visa as listed below. This is a permanent visa.  

Vaishali now lives in the Kimberley region of Western Australia, working as a social worker and giving back to the Australian community that she calls her home.

WHY PUTT LEGAL?

Putt Legal are your specialists in Immigration Law. We can assist you in making your migration to Australia seamless.

The Australian visa process can be complex and confusing; our lawyers work with you to guide you through every step of the way.

We are highly qualified and experienced in immigration law matters and are committed to providing expert advice in every individual case.

Work Visas

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Visa Refusals & Cancellations

Has your visa been refused or cancelled? Time is short! Let our expertise guide you.

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If you'd like us to advise or help you with a difficult case, arrange an appointment to speak with Jessica Edis.

Family Visas

Are you looking to bring a child, parent or relative to Australia? We can help!

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Appeal against Adverse Migration Decisions

If you require help with an appeal against an adverse migration decision (refusal or cancellation), we can help!

Work Visas

Coming to Australia to work? We can help!

Visa Refusals & Cancellations

Has your visa been refused or cancelled? Time is short! Let our expertise guide you.

Legal Assistance for Migration Agents

If you'd like us to advise or help you with a difficult case, arrange an appointment. 

Family Visas

Are you looking to bring a child, parent or relative to Australia? We can help!

Partner & Spouse Visas

Are you looking to bring your partner or spouse to Australia? We can help!

Appeal against Adverse Migration Decisions

If you require help with an appeal against an adverse migration decision (refusal or cancellation), we can help!

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